Legal Question in Family Law in Illinois
My question is I am a single mother and I receive child support but my son's father does not have stable living conditions and I am wanting to make a will for if something happens to me, so my son has a place to. I receive child support through the state. I was wondering if my son would automatically go to his father if something happened to me or if he would go to the person in my will since he is living in a motel.
2 Answers from Attorneys
You cannot decide where a child lives through a will. Only the courts (i.e. a judge) can determine what is in the best interest of the child if you pass away. The father has a claim to the child obviously, he is the father after all.
The law presumes that he is a fit and proper person to have custody of his child. Your will has no effect, absent someone taking action to enforce your desires after you die. If his place is so bad, you should seek reliwef from the court in an attempt to limit the living conditions of the child. But your definition of a stable place may not be sufficient to limit his access.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
